The Most Endangered Title VII Plaintiff?: Exponential Discrimination Against African-American Males

Abstract:     
Despite significant academic analysis, intersectional claims have been met with mixed reviews in the courts, leaving many victims of discrimination without a remedy. This article addresses the need for recognition of an intersectional claim for African-American males. This article provides an overview of the development of the intersectional argument. It then goes on to discuss the statutory support and the progression and current status of intersectional claims within the courts. The article gives a brief history of the African-American male and their struggle with confronting discrimination in the workplace versus other groups as well as the common stereotypes and perceptions of African-American males. The article also addresses the current predicament of the African-American male and the growing need for an intersectional claim. The article concludes with a discussion of the recommended analysis of an intersectional claim.

The racial disparities involving African-American men in prison, out of higher education, and in employment, in and of themselves are alarming, the even greater disparities evidenced by African-American men suggest that disadvantages above and beyond race function against them. This Article explores the legal ramifications of exponential race and sex claims from the perspective of the African-American male. It is important for courts to recognize that because of racial stereotypes African-American men are treated worse than other groups in employment and trail African-American women in salaries and education, but lead them in incarceration rate. If exponential claims for African-American males are not allowed, the vision of Congress goes unfulfilled and African-American males will always remain at the bottom looking up.

Keywords: Race, African American Males, Employment Discrimination, Intersectionality

JEL Classifications: J70, J71, J78, J79

Working Paper Series